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e-NIT No:14 /CE/PLG/SB -218 Dated: 29.01.2020
Tender ID: 2020_HBC_116576_1
Haryana Power Generation Corporation Limited (HPGCL) (Regd. Office: C-7, Urja Bhawan, Sector-6, Panchkula)
Corporate Identity No. U45207HR1997SGC033517 Website: - www.hpgcl.org.in
(An ISO 9001, 14001 & OHSAS 18001 Certified Company)
e-TENDER
FOR
Consultancy Services for preparation of Feasibility Report, Detailed Project Report, Bidding Documents etc. for Installation of TTP Project including related Conveyance System for usage of STP Treated Waste Water at 2x300MW DCRTPPP Yamunanagar on EPC/PPP mode.
ISSUED BY:
CHIEF ENGINEER/ PLANNING, HARYANA POWER GENERATION CORPORATION LIMITED (HPGCL),
Plot No. C-7, Urja Bhawan, Sector-6, Panchkula, Haryana- 134109.
Telefax No.: 0172-5022439 E-mail: [email protected].
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e-NIT No: 14 /CE/PLG/SB -218 Dated:29.01.2020
Tender ID: 2020_HBC_116576_1
NOTICE INVITING e-TENDER
E-Tenders in two parts from the eligible bidders are invited on Domestic
Competitive Bidding (DCB) basis by Chief Engineer/Planning, Urja Bhawan,
HPGCL, Panchkula (Haryana) detailed as under:-
Sr. No.
e-NIT No. Description EMD Last Date of Submission
1. 14 /CE/PLG/SB
-218 Dated:
29.01.2020
E-Tenders in two parts from the eligible bidders are invited for Consultancy Services for preparation of Feasibility Report, Detailed Project Report, Bidding Documents etc. for Installation of TTP Project including related Conveyance System for usage of STP Treated Waste Water at 2x300MW DCRTPPP Yamunanagar on EPC/PPP mode.
Rs 60,000/-
02.03.2020 upto 13:00 Hrs
Tender Documents may be downloaded from Website https://etenders.hry.nic.in.
Tender can be viewed at www.hpgcl.org.in. also. Tender Fee, Earnest Money Deposit
(EMD) & e-Service Fee (non-refundable) is to be paid online. Tender is to be submitted
online.
Executive Engineer/Planning-III For Chief Engineer (Planning) HPGCL, Panchkula.
HARYANA POWER GENERATION CORPORATION LIMITED Regd. Office – C-7, Urja Bhawan, Sector-6, Panchkula
Corporate Identity Number: U45207HR1997SGC033517 Website: www.hpgcl.org.in E-mail- [email protected];
[email protected] Telefax No. 0172-5022439
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TABLE A: IMPORTANT DATES
Sr. No. Description Date & Time
i. Date of upload of NIT 29.01.2020
ii. Last date and time for receipt of questions/ queries/ clarifications
14.02.2020
iii. Last date and time of On-line tender (e-tendering)/offer submission (the “Bid Submission Deadline”)
02.03.2020 at 13:00Hrs
iv. Tentative date of opening of Part-I (Techno-Commercial Bid).
04.03.2020 at 15:00 Hrs
v. Tentative date of opening of online Part-II (Price/ Financial Bid).
Shall be intimated later after opening of Part-I (Techno-Commercial Bid).
vi. Bid Validity. One Hundred Twenty (120) days from the date of opening of the Part-II (Price/ Financial Bid).
Note: The above mentioned dates are subjected to amendment, in which case the amendments shall be intimated accordingly. TABLE B: Details of tender Fees /EMD
Sr. No. Details of tender Fees /EMD Amount
i. Tender Fees (non-refundable) Rupees 2,950/- inclusive of GST
ii. E- services fee (non-refundable) Rupees 1180/-
iii. Earnest Money Deposit (EMD) through RTGS/NEFT/ (Refundable/adjustable)
Rupees 60,000/- (Sixty Thousand only)
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Index
Sr no.
Section Description
1. Section-I Instructions to bidders (ITB)
2. Section-II Instructions to bidders on Electronic Tendering System
3. Section-III General terms and conditions of contract
4. Section-IV Scope of work and responsibilities of consultant
5. Section-V Formats
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SECTION – I
Instructions to bidders (ITB)
1) Scope of work shall be as per Section IV of NIT.
2) Pre qualifying requirement/Eligibility conditions for the bidders:
A. Technical Criteria:
a) The Bidder must be a registered Consultant under the relevant Act (e.g.
Companies Act or Partnership Act or any other relevant Act) in India. A copy of
certificate of incorporation shall be furnished along with the bid in support.
b) The consultant should have completed similar type of work of detailed design,
engineering of Sewage Treatment Plant (Secondary/ Tertiary treatment) or DM
Plant or Zero Discharge System of capacity 10 MLD (or more) in the last five
years. The design must include the Process Design & Engineering, including
cost Estimations, preparation of drawings, and preparation of Bids for
appointment of EPC contractor / PPP operator.
c) The consultant should have Experience in the Consultancy work for Feasibility
Study, DPR and Bid process management/Transaction Advisory for selection of
contractor/PPP operator for Sewage Treatment Plant (Secondary/ Tertiary
treatment) or DM Plant or Zero Discharge System facility including pumping
stations of minimum project value of Rs.24 Lacs (for single order) or two orders
of Rs 15 Lacs each or three orders of Rs 12 Lacs each during the period not later
than 5 years up to 31.12.2019 (as a sole bidder or in Joint Venture/ Consortium)
in India.
d) The copies of Work Order/ Purchase Order duly self-attested with signature &
seal, to be submitted in support, shall include detailed scope of work, supported
with corresponding Performance Certificate for successful completion of these
projects.
e) The contractor should be registered under Contract Labour (Regulation &
Abolition) Act, 1970 and possesses a valid labour license for deploying the
workers on the work or will obtain the same within 30 days of award of work.
HARYANA POWER GENERATION CORPORATION LIMITED Regd. Office – C-7, Urja Bhawan, Sector-6, Panchkula
Corporate Identity Number: U45207HR1997SGC033517 Website: www.hpgcl.org.in E-mail- [email protected];
[email protected] Telefax No. 0172-5022439
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B. Financial Criteria:
a) Bidders must have average annual turnover in last three consecutive financial
years ended prior to the financial year in which the applications are invited shall
not be less than Rs. 60,00,000/- (Sixty Lacs) or and above
b) The firm should have own income Tax No., PAN No., EPF code registration
No., if applicable & GST No. with HSN/SAC code.
Note:
1. In case where audited result for the last preceding financial are not available for
determining the average annual turnover, certification of financial statements
from a practicing charted accountant shall be considered acceptable.
2 . All the documents shall be duly signed and stamped with Company’s/
Partnership/ Limited Liability Partnership (LLP) etc. seal by the applicant, on
each page. Bids will be evaluated technically and the financial bids of the
qualifying firms will be opened following the technical evaluation. The agency
must submit, with its Technical Proposal, the documentary evidence
regarding fulfillment of all the above criteria.
3. Decision of the HPGCL regarding fulfillment of pre-qualification requirement
shall be final and binding upon the bidders.
3) Mode & Type of Bidding :
The bidding shall be done online through e-tender portal named in bid documents as
per the mode [i.e. Domestic Competitive Bidding (DCB) and type (i.e. Single Stage
Two Envelope)] stipulated in bid documents. Bidders are advised to go through the
guidelines provided at e-tender portal and ITB section of bid documents for online
bidding.
4) The Techno-Commercial Bid (Part-I) shall comprise of the scanned copies of the
followings documents to be uploaded online (on https://etenders.hry.nic.in):
i) Power of Attorney, duly notarized by a Notary Public, indicating that the person signing the
bid has the authority to sign the bid and that the bid is binding upon the Bidder during the full
period of its validity in accordance with ITB Clause titled ‘Period of Validity of Bids’. The
Authority of the person issuing the Power of Attorney shall also be submitted.
ii) Bidder’s Qualifications:- Proof of qualifying requirements of bidder as per the clause of
qualifying requirements of Bids under ITB.
iii) Joint Venture/Consortium Agreement (If Applicable).
iv) Milestone Schedule: Details regarding the timing & sequence of all key activities.
v) No Deviation Certificate.
vi) Self declaration/ undertaking regarding non blacklisting.
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5) Even though the bidders meet the above Qualifying Criteria they are subject to be
disqualified, if they have made misleading or false representations in the forms,
statements and attachments submitted in the proof of the qualification requirements.
6) Notwithstanding anything stated above Haryana Power Generation Corporation Ltd.
reserves the right to assess the bidder’s capacity to perform the contract should the
circumstances warrant such assessment in the overall interest of the Haryana Power
Generation Corporation Ltd. In this regard the decision of corporation will be final.
7) Before submitting tenders the instructions may be read carefully regarding submission
of tender. If any bidder finds discrepancies or omissions in the tender documents or is
in doubt as to the true meaning of any part, he shall clarify same from tender issuing
office in writing before the due date and time of submission of the bid.
8) The tender shall only be submitted on the e-Portal i.e. https://etenders.hry.nic.in
9) Cost of Tender documents and EMD in any other form except mentioned in the NIT
shall not be accepted.
10) Period of Validity of Bids: The validity of the tender/offer shall be for 120 days from
the date of opening of the price bid.
11) No deviation from the terms & conditions of tender shall be accepted. Once bidder
submits the tender online, it is presumed that all the terms & conditions are accepted
including payment terms. However, in case of deviation of taxes etc., the same be
loaded for comparison purpose. Bidder shall submit no deviation certificate in the
prescribed format avialble Section - V with the bid documents.
12) The bidders/ contractors shall observe the highest standards of ethics during the
submission of tender, procurement and execution of the contract. In case of evidence
of cartel formation by the bidder(s) EMD is liable to be forfeited.
13) The bidder shall bear all costs including bank charges, if any, associated with the
preparation and submission of his bid and the purchaser will in no case be responsible
or liable for those costs, regardless of the conduct or outcome of the bidding process.
14) The bidder shall submit their tender in two parts- the first part containing documents
for qualifying criteria, technical specification and all other terms and conditions except
the rates (price bid), and the second part containing the rates (price bid) as per format
available Section - V in rate quoting sheet.
15) Rate/Price Quoting Method:- The price must be quoted online only in Indian Rupees
as a whole and any mistake in calculating the rupee price will not justify the claim for
increase in prices.
16) Rate Quoting Sheet:-
a) The bidder will quote their rates online strictly as per the rate quoting sheet
attached as Section - V which is for reference purposes only.
b) Conditional Discount offered by any bidder will not be considered for the purpose
of relative comparison of rates quoted by participating bidders.
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17) The application for bidding along with all the detailed terms & conditions should be
submitted online. Tenders through Fax / E-mail / telegraphic tenders shall not be
considered. Incomplete, obscure or irregular tender is liable for rejection. If the bidder
deliberately gives wrong information in his tender, HPGCL reserves the right to reject
such tender at any stage.
18) Earnest Money Deposit (EMD) :-
The Bidder shall deposit requisite Earnest Money along with the tender to ensure that
the bidder takes up the contract in right earnest. An EMD amounting to Rs 60, 000/-
(Rs. Sixty Thousand only) is applicable which is to be paid online through
RTGS/NEFT.
i) The bidder shall deposit requisite earnest money at least 48 hrs. before the
closing time of submission of tender.
ii) The EMD of the successful bidder will be adjusted against security deposit in
the event of placement of order. EMD of unsuccessful bidder will be refunded
on finalization of contract.
iii) No interest shall be payable on Earnest Money Deposit.
iv) HPGCL reserves the right to forfeit Earnest Money Deposit or part thereof in
circumstances which may indicate that the contractor is not earnest in
executing the contract. EMD shall also be forfeited in case the bidder does not
come forward for execution of the contract agreements and submission of
balance security deposit.
v) If the bidder withdraws his tender at any stage during the currency of his
validity period, the earnest money shall be forfeited in full in such cases.
19) Any statutory taxes/levies, if to be charged extra, should be clearly indicated by bidder
in their offer separately, failing which it will be presumed that their quoted prices are
inclusive of all such statutory taxes/levies.
20) PART-I (Techno-Commercial) of Tender shall be opened on the due date & time and
Part-II shall be opened on subsequent date which shall be intimated separately to
those bidders whose Part-I is considered complete in all respects and found
technically and commercially suitable as per the tender conditions.
21) HPGCL reserves the right to cancel the NIT or to change/modify the tender as a whole
or in parts or to reject any or all the tenders so received without assigning any reason
and will not responsible & will not pay for any expenses or losses that may be incurred
by the bidder in preparation of the tenders/offers.
22) The Bidder, at his own responsibility, cost and risk, is encouraged to visit and examine
the sites of works and its surroundings and obtain all information that may be
necessary for preparation of the Bid and entering into a contract for execution of the
works. The cost of visiting the sites shall be borne by the bidders.
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23) Evaluation of Part-I tenders would be evaluated with reference to qualifying
requirement set forth in the tender by committee constituted by the concerned
competent authority. Part-II (Price Bid) of tenders of only those bidder firms would be
opened who meet the qualifying requirements of Part-l in accordance with the
procedure for opening of tenders outlined above and on such date as the Purchasing
Authority may fix for such opening.
24) Price negotiation could be held up to L3 bidder, if the difference between L1 quoted
rate and those quoted by L2 & L3 is within 5% of the L1 quoted rate. In cases where
the L1 bidder refuses to further reduce his offered price and the L2 or L3 bidders
come forward to offer a price which is better than the price offered by L1 bidder, the
bidder whose price is accepted becomes the L1 bidder. However, in such a situation,
the original L1 bidder may be given one more opportunity to improve upon the
discovered price. In case, the original L1 bidder further improves upon the price
discovered during the negotiations, he would be treated as the L1 bidder.
25) HPGCL is not under any obligation to accept the lowest Tender / Tenders and
reserves the right to reject any or all the Tenders without assigning any
reasons, whatsoever.
26) HPGCL also reserves the right not to place the order to the bidder whose rates are
found to be not viable and/or not workable as per the scope, terms and conditions of
the tender and as per the prevailing market conditions.
27) It shall not be obligatory on the part of HPGCL to furnish any information or
explanation for the cause of rejection of tender or part of the tender.
28) In case any bidder after having submitted his tender does not furnish the
details/clarification/information required by the Tender Committee, within the given
time and does not show the required interest and/or try to delay the process of
finalization of the tender, his tender shall be rejected and Earnest Money forfeited.
29) Submission of tender by the bidder implies that he has read the tender documents and
has made himself aware of the scope of work, Bidding Documents and terms and
conditions.
30) Performance Bank Guarantee:
Firm shall furnish within 15 (Fifteen) days from the issue of LOA, the Performance
Bank Guarantee to HPGCL on prescribed format of HPGCL for an amount of 10% of
total contract value from any of the scheduled nationalized banks acceptable to
HPGCL. The performance Bank Guarantee shall remain in force beyond one months
after the award of work to successful bidder regarding Installation of Tertiary treatment
Plant (TTP) including related Conveyance System for usage of STP Treated Waste
Water at 2x300MW DCRTPPP Yamunanagar on EPC/PPP modes or Settlement of
dispute covered under the Risk Purchase Clause whichever is later. The contract
Performance Bank Guarantee furnished by firm is irrevocable, non-transferable &
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unconditional and HPGCL shall have the right to invoke it notwithstanding any dispute
or difference between firm and HPGCL pending before any court tribunal, arbitrator or
any other authority.
31) Evaluated lowest bid as per Price Bid (Part-II) shall be considered for award of work at
final negotiated price.
32) Successful bidder will be issued LOA (Letter of Acceptance) and subsequently work
order.
33) The Haryana based Micro, Small and Medium Industrial Enterprises (MSME) shall be
provided exemptions/concessions in EMD/Bid Security, performance security and
financial criteria etc. as per the Haryana State Public Procurement policy for MSME -
2016 issued vide orders no. G.O. No.- 2/2/2016-41B11 (1) dated 20.10.2016 & G.O.
No.-2/2/2016-41B11 (2) dated 20.10.2016 . For exemption the bidders has to upload
with Techno-commercial bid (Part-I) the format of affidavits Annexed as Annexure –I
and Annexure –II with the above referred order for concessions.
Note: Any other information/ clarification regarding NIT can be had from the
XEN/Planning-III, O/o CE/Planning, HPGCL, Panchkula (Ph No. 0172-5022439),
[email protected], [email protected] on any working day prior to last
date of Downloading of Tender Documents & Bid Preparation.
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SECTION - II
Instructions to bidders on Electronic Tendering System
These conditions will over-rule the conditions stated in the tender documents, wherever
relevant and applicable.
1.1 Information regarding Online Payment of tender document, e-service and EMD:-
The Bidders can download the tender documents from the portal, https://etenders.hry.nic.in.
The Bidders shall have to pay for the Tender documents & eService fee online.
NOTE: If the tenders are cancelled or recalled on any grounds, the tender document fees &
e-service fee will not be refunded to the bidder.
1.2 Conditions/Procedure for submission of tender:
1.2.1 Pre-requisites for online bidding:
In order to bid online on the portal https://etenders.hry.nic.in, the user machine must be
updated with the required version Java. The link for downloading latest java applet is
available on the Home page of the e-tendering Portal.
1.2.2 Online Viewing of Detailed Notice Inviting Tenders:
The bidders can view the detailed N.I.T and the time schedule (Key Dates) for all the
tenders floated through the single portal e-Procurement system at
https://etenders.hry.nic.in.
1.2.3. Download of Tender Documents:
The tender documents can be downloaded free of cost from the e-Procurement portal
https://etenders.hry.nic.in.
1.2.4 Key Dates:
The bidders are strictly advised to follow dates and times as indicated in the online Notice
Inviting Tenders. The date and time shall be binding on all bidders. All online activities are
time tracked and the system enforces time locks that ensure that no activity or transaction
can take place outside the start and end dates and the time of the stage as defined in the
online Notice Inviting Tenders.
1.2.5 Bid for a particular tender must be submitted online using the digital certificate
(Encryption & Signing), which is used to encrypt the data. In case, during the process of a
particular tender, the user loses his digital certificate (due to virus attack, hardware
problem, operating system or any other problem) he will not be able to submit the bid
HARYANA POWER GENERATION CORPORATION LIMITED Regd. Office – C-7, Urja Bhawan, Sector-6, Panchkula
Corporate Identity Number: U45207HR1997SGC033517 Website: www.hpgcl.org.in E-mail- [email protected];
[email protected] Telefax No. 0172-5022439
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online. Hence, the users are advised to keep a backup of the certificate and also keep the
copies at safe place under proper security (for its use in case of emergencies).
1.2.6 Bid Preparation (Technical & Financial) online Bids:
i) The bidders shall upload their technical offer containing documents, qualifying criteria,
technical specification, schedule of deliveries, and all other terms and conditions except
the rates (price bid).The bidders shall quote the prices in price bid format.
ii) Submission of bids will be preceded by submission of the digitally signed & sealed bid
(Hash) as stated in the time schedule (Key Dates) of the Tender.
NOTE:-
(A) If bidder fails to complete the Online Bid Submission stage on the stipulated date and time.
His/her bid will be considered as bid not submitted, as such bid will not appear during
tender opening stage.
(B) Bidders participating in online tenders shall check the validity of his/her Digital Signature
Certificate before participating in the online Tenders at the portal
https://etenders.hry.nic.in.
Special Instructions to the Contractors/Bidders for the e-submission of the bids online
through this e-Procurement Portal.
Bidder should do Online Enrolment in this Portal using the option Click Here to Enroll
available in the Home Page. Then the Digital Signature enrollment has to be done with the
e-token, after logging into the portal. The e-token may be obtained from one of th authorized
Certifying Authorities such as eMudhraCA/GNFC/IDRBT/MtnlTrustline/SafeScrpt/TCS.
Bidder then logs into the portal giving user id / password chosen during enrollment.
The e-token that is registered should be used by the bidder and should not be misused by
others.
DSC once mapped to an account cannot be remapped to any other account. It can only be
inactivated.
The Bidders can update well in advance, the documents such as certificates, purchase order
details etc., under My Documents option and these can be selected as per tender
requirements and then attached along with bid documents during bid submission. This will
ensure lesser upload of bid documents.
After downloading / getting the tender schedules, the Bidder should go through them
carefully and then submit the documents as per the tender document; otherwise, the bid will
be rejected.
The BOQ template must not be modified/ replaced by the bidder and the same should be
uploaded after filling the relevant columns, else the bidder is liable to be rejected for that
tender. Bidders are allowed to enter the Bidder Name and Values only.
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If there are any clarifications, this may be obtained online through the e-Procurement Portal,
or through the contact details given in the tender document. Bidder should take into account
of the corrigendum published before submitting the bids online.
Bidder, in advance, should prepare the bid documents to be submitted as indicated in the
tender schedule and they should be in PDF/XLS/RAR/DWF formats. If there is more than
one document, they can be clubbed together.
Bidder should arrange for the EMD as specified in the tender. The original should be
posted/couriered/given in person to the Tender Inviting Authority, within the bid submission
date and time for the tender.
The bidder reads the terms and conditions and accepts the same to proceed further to
submit the bids
The bidder has to submit the tender document(s) online well in advance before the
prescribed time to avoid any delay or problem during the bid submission process.
There is no limit on the size of the file uploaded at the server end. However, the upload is
decided on the Memory available at the Client System as well as the Network bandwidth
available at the client side at that point of time. In order to reduce the file size, bidders are
suggested to scan the documents in 75-100 DPI so that the clarity is maintained and also
the size of file also gets reduced. This will help in quick uploading even at very low
bandwidth speeds.
The tender documents must be submitted online up to the permissible size of the
document up-loadable on the portal. The remaining document must be submitted by the
bidders in physical form on or before the date and time of submission of bidding documents.
The bidder must upload a list of all the documents uploaded online as well as submitted in
physical form.
It is important to note that, the bidder has to Click on the Freeze Bid Button, to ensure that
he/she completes the Bid Submission Process. Bids Which are not Frozen are considered
as Incomplete/Invalid bids and are not considered for evaluation purposes.
In case of Offline payments, the details of the Earnest Money Deposit(EMD) document
submitted physically to the Department and the scanned copies furnished at the time of bid
submission online should be the same otherwise the Tender will be summarily rejected.
The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay or the
difficulties faced during the submission of bids online by the bidders due to local issues.
The bidder may submit the bid documents online mode only, through this portal. Offline
documents will not be handled through this system.
At the time of freezing the bid, the e-Procurement system will give a successful bid updating
message after uploading all the bid documents submitted and then a bid summary will be
shown with the bid no, date & time of submission of the bid with all other relevant details.
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The documents submitted by the bidders will be digitally signed using the e-token of the
bidder and then submitted.
After the bid submission, the bid summary has to be printed and kept as an
acknowledgement as a token of the submission of the bid. The bid summary will act as a
proof of bid submission for a tender floated and will also act as an entry point to participate
in the bid opening event.
Successful bid submission from the system means, the bids as uploaded by the bidder is
received and stored in the system. System does not certify for its correctness.
The bidder should see that the bid documents submitted should be free from virus and if the
documents could not be opened, due to virus, during tender opening, the bid is liable to be
rejected.
The time that is displayed from the server clock at the top of the tender Portal, will be valid
for all actions of requesting bid submission, bid opening etc., in the e-Procurement portal.
The Time followed in this portal is as per Indian Standard Time (IST) which is GMT+5:30.
The bidders should adhere to this time during bid submission.
All the data being entered by the bidders would be encrypted at the client end, and the
software uses PKI encryption techniques to ensure the secrecy of the data. The data
entered will not be viewable by unauthorized persons during bid submission and not
viewable by any one until the time of bid opening. Overall, the submitted bid documents
become readable only after the tender opening by the authorized individual.
During transmission of bid document, the confidentiality of the bids is maintained since the
data is transferred over secured Socket Layer (SSL) with 256 bit encryption technology.
Data encryption of sensitive fields is also done.
The bidders are requested to submit the bids through online e-Procurement system to the
TIA well before the bid submission end date and time (as per Server System Clock).
The tender documents must be submitted online up to the permissible size of the
document up-loadable on the portal. The remaining document must be submitted by the
bidders in physical form on or before the date and time of submission of bidding documents.
The bidder must upload a list of all the documents uploaded online as well as submitted in
physical form.
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SECTION - III
GENERAL TERMS AND CONDITIONS OF CONTRACT
1. PRICES:
Prices of all components of the bid shall be quoted in Indian Rupees (INR)
only.The rates shall be quoted on firm price basis inclusive of taxes, duties & levies
without any escalation during the period of contract. GST applicable at the time of
execution shall be reimbursed against submission of documentary proof of having paid
the same. Statutory variation of service tax/ GST shall be applicable during contractual
period against submission of the documentary evidence.
2. REVISION OF PRICE BID:-
Suo-moto price bid/supplementary Part-II will not be accepted after the last date of
submission of tender. However, in case revised price bid is submitted by the bidder Suo
moto but prior to the due date of submission of the tender, then the revised price bid
only, shall be opened and considered by the purchasing authority.
3. SCHEDULE OF COMPLETION OF WORK:-
The work shall be completed within a period of Six (06) months from the date of issue of
LoA / Work Order, whichever is earlier, as detailed under:-
a) Submission of Feasibility Report, Detailed Project Report -Three (03) Months.
b) Bidding Documents – Three (03) Months.
The period of contract shall be from the date of LOA up to the date of successful
completion of package till award of a contract regarding Installation of Tertiary treatment
Plant (TTP) including related Conveyance System for usage of STP Treated Waste
Water at 2x300MW DCRTPPP Yamunanagar on EPC/PPP modes.
4. PENALTY /DEDUCTIONS:-
In case the Contractor fails to achieve successful completion of consultancy Package by
the due date, then HPGCL shall levy the Liquidated Damages on the Contractor (wherein
partial commissioning shall not be accepted). The contractor shall be liable to pay
penalty @1% of the contract value per week or part thereof the delay of completion
period, subject to maximum of 10% of the contract value.
HARYANA POWER GENERATION CORPORATION LIMITED Regd. Office – C-7, Urja Bhawan, Sector-6, Panchkula
Corporate Identity Number: U45207HR1997SGC033517 Website: www.hpgcl.org.in E-mail- [email protected];
[email protected] Telefax No. 0172-5022439
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5. Price Escalation:
The rate(s) quoted against the work shall remain firm during the entire Contract period.
6. FORCE MAJEURE:-
Contractor shall not be liable for any delay for reasons arising out of compliance with
regulations, orders or instructions of Central / State Govt. acts of God, acts of civil and
Military authorities, fires, floods, strikes, lockout, freight embargoes, war-risk, riots, civil
commotion, epidemics and accidental. If the contractor wants to extend the completion
period under this clause, he will request for such extension of the completion period
along with all necessary evidence, before the expiry of the schedule date of completion.
In no case the completion period shall be extended under this clause, in case the request
is received after the due date of completion. Extension in the completion period may be
granted only for the period for which the completion of the work is proved by the
contractor to have been delayed for circumstances mentioned in the clause.
7. SUBLETTING NOT ALLOWED:-
Contractor shall neither sublet the contract nor suspend the work at any time during the
period of contract without any lawful excuse and without the earlier permission of the
project authorities.
8. EMD/BID SECURITY:-
As per relevant ITB Clause.
9. TERMS OF PAYMENTS:-
No advance payments will be made. The payment shall be released as under:
i) 10% of Contract value after acceptance of LOA, mobilization of 100% resources
and against PBG (10 % of contract value in accordance with the relevant ITB
clause).
ii) 05% of Contract value against submission of Draft Feasibility Report.
iii) 05% of Contract value against submission of Final Feasibility Report (04 Hard
copies along with Soft copy) after approval from HPGCL
iv) 10% of Contract value against submission of draft Detailed Project Report.
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v) 20% of Contract value against submission of Final Detailed Project Report
including selection of appropriate business model i.e. EPC/PPP( 04 Hard copies
along with Soft copy) after approval from HPGCL.
vi) 10% of Contract value against submission of draft Bidding Document in line with
HPGCL purchase regulations.
vii) 20% of Contract value against submission of Final Bidding Document after
approval from HPGCL.
viii) 20% of Contract value after award of contract for Installation of Tertiary treatment
Plant (TTP) including related Conveyance System for usage of STP Treated
Waste Water at 2x300MW DCRTPPP Yamunanagar on EPC/PPP modes.
10. MODE OF PAYMENT:-
The payment shall be made through RTGS/NEFT within 21 days from the receipt of bill
complete in all respects. However, RTGS/NEFT charges shall be borne by
Firm/contractor. The firm will submit their banking details duly authenticated by them
along with bills separately or on the bill itself as under:-
Name & Address of beneficiary;
Name & address of Bank;
Account Number & IFSC Number.
11. INCOME AND OTHER TAXES DEDUCTIONS:-
The income tax plus surcharges there on and any other statutory levies required to be
deducted by the HPGCL under any statute will be deducted at source at the rate
applicable from time to time. TDS certificate shall be issued by HPGCL.
12. GST:-
No GST will be paid extra until and unless, it is leviable on the service provided by the
contractor and specifically demanded for the same in his offer, however due to not
claiming of GST from the HPGCL contractor can’t escape from his liability to the Govt.
against the taxable service. In case the GST is to be paid by the HPGCL the contractor
will have to submit an undertaking, the GST as claimed have been deposited with
relevant authority & contractor will submit the copy of challan along with bill. GST shall be
governed as per Govt. of India notifications.
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13. TAXES AND DUTIES:-
No taxes or duties will be paid extra unless and the same has been demanded by the
firm in his offer specifically. In case the same is to be paid by the HPGCL an undertaking
is to be submitted by the firm in this regard stating that the taxes or duties as claimed
from the HPGCL have been deposited with the relevant authority.
14. RISK PURCHASE:-
In case the contractor fails to fulfill the contractual obligation, the work shall be got done
from some other agency at the risk and cost of the contractor. It shall be without
prejudice to the right of HPGCL to recover any further amount or any liquidated and/or
other damages.
15. SET OFF:-
Any sum of money due and payable to the firm under the contract (including security-
deposit returnable to the firm) may be appropriated by the HPGCL and set-off against
any claim of the Corporation for the payment of a sum of money arising out of under that
or any other contract entered into by the firm with the HPGCL.
16. ARBITRATION:-
a. All matters, questions, disputes, differences and / or claims arising out of and / or
concerning, and /or in connection with, and /or in consequence of, and /or relating to
any contract, whether or not obligations of either or both the Certifying agency and
the Corporation under that contract be subsisting at the time of such dispute and
whether or not the contract has been terminated or purported to be terminated or
completed, shall be referred to the sole arbitration of MD, HPGCL or an officer
appointed by MD, HPGCL as his nominee. The award of the Arbitrator shall be final
and binding on both the parties to the contract.
b. The objection that the Arbitrator has to deal with matters, to which the contract
relates, in the course of his duties or, he has expressed his views on any or all of the
matters in dispute or difference, shall not be considered as a valid objection.
c. The Arbitrator may, from time to time, with the consent of the parties to the contract
enlarge the time for making the award. The venue of the arbitration shall be the place
from which the acceptance of offer is issued or such other place as the Arbitrator, in
his discretion, may determine.
d. All arbitration proceedings under this Regulation shall be governed by the provisions
of the Arbitration and Conciliation Act 1996 and the Rule there under, with any
statutory modifications thereof for the time being in force.
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17. CORRUPT OR FRAUDULENT PRACTICES:-
EMD/Bid Security shall be forfeited and appropriated by HPGCL as per the discretion of
HPGCL without prejudice to any other right or remedy that may be available to HPGCL
hereunder or otherwise, under the following conditions:
a. If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice, or
restrictive practice;
b. In the case of Successful Bidder, if it fails within 15 days from the issue of LoA– (a) to
sign the Contract Agreement and/or (b) to furnish the Performance Bank Guarantee
within the period prescribed.
c. In case the Successful Bidder, having signed the Contract Agreement, commits any
breach thereof prior to furnishing the Performance Bank Guarantee.
18. CARTEL FORMATION/POOL RATES:-
Bidders / Contractors shall observe the highest standards of ethics during the submission
of Tender, procurement and execution of the Contract. In case of evidence of cartel
formation by the Bidder(s) EMD/Bid Security is liable to be forfeited.
19. PATENT RIGHT:-
The Contractor shall indemnify HPGCL against third party claims of infringement of
patent, trademark or industrial design rights arising from use of goods/design or any part
thereof.
20. LAWS GOVERNING CONTRACT:-
The contract shall be governed by the laws of India for the time being in force.
Irrespective of the place of performance or place of payment under a contract, the
contract shall be deemed to have been made at the place from where the acceptance of
tender has been issue.
21. JURISDICTION OF COURTS:-
Any dispute if arisen in connection with the contract shall be subject to the jurisdiction of
local courts at Panchkula (Haryana).
22. STATUTORY DEDUCTIONS
Statutory deduction on account of Income Tax etc. including surcharge shall be made at
source from the bills of the contractor at the prevailing rates.
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23. FACTORY ACT/MINIMUM WAGES ACT/INSURANCE ACT/EPF ACT ETC.
Strict adherence of various applicable labour laws like the Factories Act, Minimum
Wages Act, ESI Act, Payment of Wages Act, the Workman’s Compensation Act, EPF
Act, Contractor labour (Regulation & Abolition) Act, 1970 and all other statutory
requirements as amended from time to time to the entire satisfaction of Central/State
Govt. Authorities, shall be the responsibility of the Contractor and he shall have to make
good loss, if any, suffered by HPGCL on account of default in this regard by the
contractor. EPF/ESI contributions will be deposited by the contractor in his own EPF/ESI
code no. in the respective account of the workers. Documentary evidence thereof shall
be submitted along with the running bills. The contractor will also deposit the ‘Labour
Welfare Fund’.
24. INSURANCE OF WORKERS
The contractor will be solely responsible for any liability for his workers in respect of any
accident, injury arising out and in course of contractor’s employment. To meet his
aforesaid obligation under the workmen Compensation Act, The contractor may obtain
W.C. Policy from the Insurance Company for the persons employed by him for carrying
out the work. The premium payable for the aforesaid Insurance Policy shall be borne by
the contractor. The contractor shall ensure that the said Insurance Policy of this
insurance cover is required to be submitted by the contractor to Engineer-in-charge of
work immediately after issue of LoA, but before the start of work. Even if, the firm
produces the insurance policy of the labour, then also ESI is required to be deposited by
the contractor.
25. SAFETY RULES
A Firm shall have to comply with all the provisions of safety rules. The Chief Safety
Officer may impose penalty of Rs.200/- per day per head if the workers of contractor are
found to be working carelessly without proper protective equipments in unsafe
conditions. Against violation of any other clause, a penalty of Rs 500 /- per violation
(minimum) shall be levied. In case of repeated violation of serious nature resulting in
various serious accident or direct loss to the corporation /threatens to cause severe
consequences, higher penalty rates may be imposed including suspension/ termination
of the contract. If any action is initiated by Chief inspector of factories, Chandigarh or
any other authority against occupier/factory manager or any other authority of HPGCL in
case of any fatal/non fatal accident or any other violation of factory act, 1948, Pb. Hr.
factory rules, 1952 or any other industrial or labour act, the contractor shall be liable for
the same and also to deposit the amount of fine/penalty if any. In case of default action
as deem fit shall be initiated against the contractor.
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This office reserves the right to claim adequate compensation from the contractor on
account of any damage caused to the plant & equipment handed over to him for
execution of the work, due to careless handling or negligence on the part of the
contractor.
26. LOSS OF PLANT / HPGCL PROPERTY DURING EXECUTION OF THE WORK
The contractor shall ensure that no damage or loss is done to HPGCL / Plant property or
any other agency in the jurisdiction of work site. In case, it is found that there is any loss
to the plant equipment, HPGCL property or human being due to negligence of the labour
/ worker of the contractor, the same shall be made good to HPGCL by the contractor at
his own cost.
27. SHORT CLOSURE OF CONTRACT: -
HPGCL at its sole discretion can short close the contract at any stage in case, the project
of usage of STP Treated waste water is not found feasible at any stage or any other
reason or decision by HPGCL authorities. In such case the payment will be released on
pro-rata basis up to completed stage of the work as per terms of payment.
28. TERMINATION OF CONTRACT
a. If the contractor fails to complete the work, any loss incurred by HPGCL in this
respect will be to the contractor's account.
b. If the performance of the contractor is not found satisfactory, HPGCL will serve a
notice of 15 days to the contractor to improve the performance failing which HPGCL
has the right to terminate the contract without any compensation.
c. HPGCL has the right to terminate the contract at any stage after giving 15 days notice
without assigning any reason.
29. SUPERVISION OF WORK
a) The Engineer-in-Charge shall have the general supervision of the work. The work shall
have to be started by the contractor as per the instruction of Engineer-in-Charge or
his authorized representative at any time on working day, on holiday or after office
hours. He has the authority to stop the work whenever such stoppage is necessary to
ensure the proper execution of the contract. He shall also have authority to reject all
works or part thereof and give necessary direction to carry out work again to his
satisfaction. No claim whatsoever on this account will be entertained. The work shall
be subjected to the inspection by Engineer-in-Charge all the time.
b) The decision of Engineer-in-Charge shall be final with regards to all matters relating to
Page 22 of 33
his contract.
c) The decision of Engineer-in-Charge for determining the category of the work with
reference to the items not mentioned in scope of work shall be final.
d) The execution of work may entail working at all the sites and weather conditions and
no extra claim will be considered on this account. The contractor may have to carry
out work round the clock, as per the requirement to be decided by Engineer-in-
Charge.
e) In case the contractor fails to do the extra / substituted work, Engineer-in-Charge will
have the option to get the work done through any other agency at the risk & cost of
the contractor.
f) In case of any dispute, the contractor may represent in writing to the Engineer-in-
Charge.
30. Project Manager:
The Chief Engineer Planning, HPGCL Panchkula shall be the Project Manager.
31. AUTHORIZED REPERSENTATIVE
The firm will intimate (in writing) the name, phone nos. & email id’s of authorized
representatives at site to whom necessary instructions regarding the works can be
imparted and who will make correspondence regarding contract related issues. The
signatures of the aforesaid authorized representative shall be got attested from First
Class Magistrate or Notary Public.
32. The terms & conditions not specified in the tender shall be governed by "HPGCL Works
& Purchase Regulations 2015" which are available on the HPGCL website i.e.
www.hpgcl.org.in.
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SECTION - IV
SCOPE OF WORK AND RESPONSIBILITIES OF CONSULTANT
OBJECTIVE
Ministry of Power (MoP), GoI notified Tariff Policy vide no 23/2/2005-R&R (Vol-IX) dated
28.01.2016. Further, a policy has been issued on Reuse of Treated Waste Water by Public
Health and Engineering Dept. GoH vide notification no 05/18/2018- 3PH dated 30.10.2019
(published on 05.11.2019) and it has been stipulated in the policy that the Thermal Power
Plants located within 50 Km radius of sewage treatment plant of Municipality / Local
bodies/ similar organization shall in order of their closeness to the sewage treatment plant,
mandatory use treated sewage water produce by these bodies and the associated cost on
this account shall be allowed as a pass through in the tariff. Therefore, it shall be
mandatory for all Thermal Power Plants within a 50km radius of the STP or city limits to
use TWW.
HPGCL is willing to explore the feasibility of reuse of treated sewage in place of fresh
water in its Deenbandhu Chhotu Ram Thermal Power Plant (DCRTPP), Yamunanagar,
Haryana, in the first phase. Therefore, HPGCL is willing to appoint a Consultant for
exploring the feasibility of reuse of STP Treated Waste Water for DCRTPP, Yamunanagar
Power Plant. HPGCL intends to install entire requisite infrastructure regarding use STP
treated waste water (20-25 MLD) at DCRTPP, Yamunanagar. The distance between
sources of STP treated water and DCRTPP is about 1.65 KM. The consultancy services
consist of preparation and submission of Feasibility Study Report, Detailed Project Report,
bidding documents etc. for installation of aforesaid infrastructure for the EPC/ PPP model.
Scope of work for Consultancy services consist of:
Preparation of Feasibility Report,
Preparation of Detailed Project Report and Detailed Cost Estimate,
Selection of appropriate business model (PPP / EPC) & its detailed Techno-
Economic justification.
Preparation of Bidding Documents for EPC/ PPP model.
HARYANA POWER GENERATION CORPORATION LIMITED Regd. Office – C-7, Urja Bhawan, Sector-6, Panchkula
Corporate Identity Number: U45207HR1997SGC033517 Website: www.hpgcl.org.in E-mail- [email protected];
[email protected] Telefax No. 0172-5022439
Page 24 of 33
Detailed activities to be performed by the consultant:
Feasibility Study stage:
i. Data analysis and project concept formulation.
ii. Visit, data collection and analysis of existing water requirement of thermal power
plant for different purpose of plant.
iii. STP water shall be free from Industrial/chemical waste.
iv. Various Quality parameter analysis from accredited Lab.
v. Analysing techno-economic usability of reclaimed sewage usage in power plant.
vi. Feasibility and right of way of pipeline.
vii. Planning and designing of TTP and transmission pipelines.
viii. Drawing of proposed infrastructure.
ix. Quick block costing of project.
x. Annual operational costing of project.
xi. Financial modelling of project.
xii. Preparation of draft feasibility report.
xiii. Presentation to client/statutory authorities.
xiv. Preparation and submission of final feasibility report.
xv. Approval of feasibility report.
DPR stage:
i. Topographical survey of pipeline.
ii. Detailed planning and designing of TTP, transmission pipeline and allied works.
iii. Preparation of detailed drawings.
iv. Detailed estimate of capital cost and operational cost.
v. Detailed Financial modelling.
vi. Financial and economic analysis.
vii. Preparing financial structure.
viii. Preparation of draft Detailed Project Report (DPR) in line with the policy on Reuse of
Treated Waste Water of Public Health and Engineering Dept. GoH dated 05.11.2019
which includes but not limited to the following:
Profile of local body: Location and capacities of existing STPs, treatment
technologies and operational framework of STPs, quantity of sewage
generated, coverage of collection system, quantity of treated sewage
available, quality of treated sewage, etc.
Profile of users (within the threshold radius): Type of usage, water quality
required, quantity required by each user along with their respective distances
from proposed project site.
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Hydrological Profile of the water body: Watershed delineation, existing quality
of the water body (river, stream, pond, lake, groundwater), load assessment,
change in water quality due to changes in discharge of treated sewage due to
projects. Improvement in quality of the water body should be clearly
demonstrated.
Plan & Layout of proposed Distribution System: Route to be adopted for
laying distribution pipelines for TREATED WASTE WATER, capacity of main
distribution header, laying of a water grid for irrigation, sub mains, branch
headers, approvals required for right of way, etc.
Approximate cost of project.
Funding source.
Suggestions on implementing agency which can be a Local Body
/PHED/Irrigation & Water Resources Department/HSIIDC/HSVP or any other
Government agency or an agency on PPP mode.
Level and nature of private sector involvement.
ix. Presentation to client/statutory authorities.
x. Preparation and submission of final DPR.
xi. Approval of DPR.
Bidding Documents stage:
i. Preparing Draft tender document (RFQ, RFP and contract agreement)
ii. Approval to RFQ, RFP and contract agreement
iii. Preparation and submission of final RFQ, RFP and contract agreement.
iv. Draft of Tri- party agreement between STP operating agency (Local Body
/PHED/Irrigation & Water Resources Department/ HSIIDC/ HSVP or any other
Government agency), Developer or contractor and user of treated sewage
Note:-The scope mentioned is only suggestive and work will be carried out in accordance
with “Policy On Reuse Of Treated Waste Water” of Public Health and Engineering
Dept. GoH notification vide no 05/18/2018- 3PH dated 30.10.2019 (published on
05.11.2019) and the Ministry of Power (MoP), GoI notified tariff policy dated
28.01.2016
Page 26 of 33
SECTION –V
FORMATS
Page 27 of 33
Sr No. Formats
1. RATE QUOTING SHEET (for reference purposes only )
2. DEVIATION CERTIFICATE
3. NON BLACKLISTING CERTIFICATE
4. PERFORMANCE SECURITY / BANK GUARANTEE FORM
5. DRAFT CONTRACT AGREEMENT
Page 28 of 33
RATE QUOTING SHEET
THE BIDDERS ARE INSTRUCTED TO QUOTE ITEMWISE RATES ONLY
Sr. no Description Amount (Rs.)
1. Preparation of Feasibility Report
2. Preparation of Detailed Project Report including selection
of appropriate business model i.e. EPC/PPP
3. Preparation of Bidding Documents
4. Total amount
5. Taxes (in %)
6. Gross amount
7. Gross amount ( in words)
Note: - The rate quoting sheet is for reference purposes only and the rates must be submitted online only as per relevant ITB clause only.
Page 29 of 33
Certificate Regarding no Deviations
(On letter head of the Bidder)
e-NIT No:14 /CE/PLG/SB -218
Tender ID: 2020_HBC_116576_1
To: Chief Engineer, Planning Haryana Power Generation Corporation Limited Urja Bhawan, C-7, Sector-6, Panchkula. Haryana – 134109, India. Subject: e-Tender for engaging the services of agency for Consultancy Services for
preparation of Feasibility Report, Detailed Project Report, Bidding Documents etc. for Installation of TTP Project including related Conveyance System for usage of STP Treated Waste Water at 2x300MW DCRTPPP Yamunanagar on EPC/PPP mode.
Dear Sir,
We hereby certify that we have gone through all terms and conditions of your e-TENDER No. 14 /CE/PLG/SB -218 dated ………………………….. and confirm that the bid submitted by us is in total compliance of the terms of bid documents and no deviations whatsoever are incorporated in our bid. We further undertake that the entire work shall be performed as per the terms of the above bid documents. Date: Place: Yours faithfully, (Signature)
Name of Authority Signatory:
Designation& Seal
Page 30 of 33
(NON BLACKLISTING CERTIFICATE)
e-NIT No:14 /CE/PLG/SB -218
Tender ID: 2020_HBC_116576_1
Bidder's Name and Address: To Chief Engineer / Planning,
Haryana Power Generation Corporation
Limited C-7, Urja Bhawan, Sector-6
Panchkula- 134109
We M/s …………………………….. hereby declare that:
a) *We have not been blacklisted by any organization.
or
b) *We had been blacklisted by organization(s) in the past as detailed under:
Sl. No.
Name and address of the organization
Period of Blacklisting
Ref No and date of Letter form the organization revoking the blacklisting ( Please enclose copy of the letter) Form To
1.
2.
3.
4.
5.
6.
We further declare that presently we are not under blacklisting by any organization. We further confirm that the above information is true and in case it is found otherwise the employer may take any penal action as their policy. Date : (Signature)......................................... Place : (Printed Name).................................. (Designation).................................... (Common Seal)................................. *strike out whichever is not applicable. Please use additional sheets of the same format as required
Page 31 of 33
PAGE 1 OF 2
Performance Security Form
(To be stamped in accordance with the
Stamp Act, if any, of the Country
of the issuing Bank) :
Bank Guarantee
No..............
Date....................................
....
To,
[Employer's Name & Address]
Dear Sirs,
In consideration of the .......[Employer's Name]........ (hereinafter referred to as the
‘Employer’ which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators and assigns) having awarded to M/s
......[Contractor's Name]............ with its Registered /Head Office at ............................
(hereinafter referred to as the ‘Contractor’, which expression shall unless repugnant to
the context or meaning thereof, include its successors administrators, executors and
assigns), a Contract by issue of Employer’s Notification of Award No.
................ dated........... and the same having been unequivocally accepted by the contractor, resulting into a Contract bearing No.............. dated ........... Valued at
................... for......................... [Name of
the Contract]..................................... hereinafter called the Contract..............................
and the Contractor having agreed to provide a Contract Performance Guarantee for
the faithful performance of the entire Contract equivalent to .......(*).......% ( ..........
percent) of the said value of the Contract to the Employer.
We ................[Name & Address of the Bank]..........having its Head Office
at...........................(hereinafter referred to as the ‘Bank’, which expression shall,
unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns) do hereby guarantee and undertake to pay the
Employer, on demand any and all monies payable by the Contractor to the extent
of ..................(*).................... as aforesaid at any time upto
.........................(@)...................... [days/month/year] without any demur, reservation,
contest, recourse or protest and/or without any reference to the Contractor. Any such
demand made by the Employer on the Bank shall be conclusive and binding
notwithstanding any difference between the Employer and the Contractor or any
dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank
undertakes not to revoke this guarantee during its currency without previous consent of
the Employer and further agrees that the guarantee herein contained shall be
enforceable till thirty (30) days after award of contract regarding Installation of Tertiary
treatment Plant (TTP) including related Conveyance System for usage of STP Treated
Waste Water at 2x300MW DCRTPPP Yamunanagar on EPC/PPP modes.
The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank under this guarantee, from time to time to extend the time for performance of
the Contract by the Contractor. The Employer shall have the fullest liberty, without
Page 32 of 33
PAGE 2 OF 2
affecting this guarantee, to postpone from time to time the exercise of any powers
vested in them or of any right which they might have against the Contractor, and to
exercise the same at any time in any manner, and either to enforce or to forbear to
enforce any covenants, contained or implied, in the Contract between the Employer
and the Contractor or any other course or remedy or security available to the
Employer. The Bank shall not be released of its obligations under these presents by
any exercise by the Employer of its liberty with reference to the matters aforesaid or
any of them or by reason of any other act or forbearance or other acts of omission or
commission on the part of the Employer or any other indulgence shown by the
Employer or by any other matter or thing whatsoever which under law would, but for
this provision, have the effect of relieving the Bank.
The Bank also agrees that the Employer at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without
proceeding against the Contractor and notwithstanding any security or other
guarantee that the Employer may have in relation to the Contractor’s liabilities.
Notwithstanding anything contained hereinabove our liability under this guarantee is
restricted to
......................... (*)......................... and it shall remain in force upto
and including
.....................(@)...................... and shall be extended from time to time for such
period (not
exceeding one year), as may be desired by M/s...................................[Contractor's Name}............ on whose behalf this guarantee has been given.
Dated this............................. day of .................... 20..................
at...........................................
(Signature)..........................................
(Name)...............................................
............................................................
(Designation with Bank Stamp)
Authorised Vide Power of Attorney No................................... Dated..................................................
Notes :1. (*) This sum shall be ten percent (10%) of the Contract Price.
(@) This date till thirty (30) days after award of Contract regarding Installation of Tertiary treatment Plant (TTP) including related Conveyance System for usage of STP Treated Waste Water at 2x300MW DCRTPPP Yamunanagar on EPC/PPP modes.
2. The Bank Guarantee shall be from a Bank as per the tender
documents.
3. The stamp papers of appropriate value shall be purchased in the name
of guarantee issuing Bank or the Party on whose behalf the BG is being
issued. The Bank Guarantee shall be issued on a stamp paper of value
as applicable in the State(s) where the BG is submitted or is to be acted
upon or is executed, whichever is higher.
Page 33 of 33
FORM OF CONTRACT AGREEMENT
This CONTRACT (hereinafter called the “Contract”) is made the_________ day of the month of ___________, 2020, between, on the one hand, hand, ______________ (hereinafter called the “Client”) and, on the other hand, _____________(hereinafter called the “Consultant”).
WHERAS
(a) the client has requested the Consultant to provide consulting services as defined in the HPGCL letter _____________________ dt _________ attached to this Contract (hereinafter called the “Services”) ;
(b) the Consultant, having represented to the Client that they have the required professional skills, and personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:-
The following documents attached hereto shall be deemed to form an integral part of this Contract:
1. NIT no. .
2. LoA dated ….. 3.
4.
Any subsequent amendment to the order on mutually agreed basis after signing of the contract.
The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract; in particular:-
a) The Consultant shall carry out the Services in accordance with the provisions of the Contract; and
b) The client shall make payments to the Consultant in accordance with the provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.
FOR AND ON BEHALF OF FOR AND ON BEHALF OF
[NAME OF THE CLIENT] [NAME OF THE CONSULTANT]
By _____________________ By _____________________
(Authorized Representative) (Authorized Representative)